The National Oceanic and Atmospheric Administration
has charged the captain and owner of the foreign longliner fishing
vessel DONG YU 3015 with three counts of violating the Magnuson-Stevens
Fishery Conservation and Management Act, announced Senior Enforcement
Attorney Paul Ortiz of NOAA's Office of General Counsel, who
is prosecuting the case.

Ortiz assessed a civil penalty of $105,000
against Guo Hua Yu, the captain, and Zhoushan Industrial Co.,
Ltd., the owner of the longliner, in a Notice of Violation and
Assessment for the violations which occurred between Feb. 23,
1999, and March 4, 1999, within the U.S. Exclusive Economic Zone
(EEZ  federal waters extending out to 200 miles from shore)
around American Samoa.In addition, approximately $205,000 from
the sale of the vessel's catch was seized pending the outcome
of the case.The charges include the illegal transhipment of tuna
from another foreign vessel within the U.S. EEZ, the failure
to properly stow gear while transiting the U.S. EEZ, and allowing
the crew to fish for personal consumption within the U.S. EEZ.The
activities of foreign fishing vessels operating in federal waters
are strictly regulated, including where they may tranship and
how their gear is to be stowed.

Uaea Ualesi, an alia fisherman from American
Samoa, originally sighted the crew fishing at South Bank, approximately
25 miles from American Samoa on March 3, 1999. Ualesi returned
to Pago Pago and informed Special Agent Martina Sagapolu-Failauga
of the National Marine Fisheries
Service and Officer Edwin Seui of the Department of Marine
and Wildlife Resources.An investigation showed that the vessel's
longline gear had not been properly stowed while the vessel was
in the U.S. EEZ, and a study of the vessel logs documented the
illegal transhipment activities.Ortiz made the assessment after
an investigation report was completed by Special Agent Sagapolu-Failauga.

"We are especially grateful for the
assistance of Mr. Ualesi, who provided us with the necessary
information we needed to start the investigation," said
Mike Gonzales, Special Agent-in-Charge of the Fisheries Service's
Southwest Enforcement Division."Enforcement of these regulations
is critical to our goal of mission of controlling the activities
of foreign fishing vessels operating in U.S. federal waters throughout
the Pacific Ocean.This case will certainly have an important
impact on foreign fishing concerns that use Pago Pago or operate
in any U.S. waters."

"Perhaps the most important part of
this case is that it is the first case where the penalty money
will go to the government of American Samoa for use in fisheries
enforcement and for implementation of their marine conservation
plan," said Ortiz."It's an exciting advancement in
the cooperative efforts between the federal government and the
government of American Samoa."

The owner and operator have 30 days from
the day that they are served with the Notice of Violation and
Assessment to either pay the penalty, seek to have them modified,
or request a hearing before an administrative law judge to deny
or contest all or any part of the violation charged and the civil
penalty assessed.

The National Marine Fisheries Service is
an agency of the Commerce Department's National Oceanic and Atmospheric
Administration.The Fisheries Service conducts scientific research
and provides services and products to support fisheries management,
fisheries development, trade and industry assistance, enforcement,
and protected species and habitat conservation programs.